Larceny

What Actions Might Constitute Larceny?

Larceny, commonly known as theft, involves the unlawful taking of property. For a larceny charge to be proven, several key elements must be established:

1. Theft of Property:

   • The property must be tangible and possess some value. Examples include a cheque, a quantity of gas, or a physical object. However, intangible items like information do not qualify as property for larceny.

2. Property Belonging to Someone Else:

   • The property must lawfully belong to someone else. This includes property owned by another individual or entity, as well as items in the lawful possession of someone who may not necessarily own them. Courts have even determined that prohibited drugs can be subject to larceny, despite the possessor having no legal right to them

3. Lack of Intent to Permanently Deprive:

   • An important aspect of larceny is the intention behind the act. Even if the accused intends to return the property or provide something of equal value later, it does not negate the crime if they or someone else has received a benefit. For example, taking an item from a store with the intent to return it for a refund still constitutes larceny.

Examples of Larceny

• Shoplifting

  • Taking an item from a store without paying for it, even if you plan to return it later for a refund.

• Stealing Money

  • Taking cash from someone’s wallet or cash register.

• Theft of Valuables

  • Removing jewelry, electronics, or other valuable items from someone’s home or place of business without permission.

• Cheque Theft

  • Taking someone’s cheque and cashing it or attempting to cash it.

Understanding these elements and examples is crucial for recognizing what constitutes larceny and the potential legal consequences. If you are facing a larceny charge, it is essential to seek legal advice to understand your rights and possible defences.